Final Forms for 2017 ACA Reporting Released
On Sept. 28, 2017, the Internal Revenue Service (IRS) released final 2017 forms for reporting under Internal Revenue Code (Code) Sections 6055 and 6056.
- 2017 Forms 1094-C and 1095-C are used by applicable large employers (ALEs) to report under Section 6056, as well as for combined Section 6055 and 6056 reporting by ALEs who sponsor self-insured plans. Related draft instructions were released on Aug. 31, 2017, and have not been finalized at this time.
- 2017 Forms 1094-B and 1095-B are used by entities reporting under Section 6055, including self-insured plan sponsors that are not ALEs. Related draft instructions were released on Aug. 31, 2017, and have not been finalized at this time.
The 2017 forms are substantially similar to the 2016 versions, except that sections related to expired Section 4980H Transition Relief were removed.
ACTION STEPS
Employers should become familiar with the revisions to the forms, and prepare to file these final versions in early 2018.
Background
The Affordable Care Act (ACA) created reporting requirements under Code Sections 6055 and 6056. Under these rules, certain employers must provide information to the IRS about the health plan coverage they offer (or do not offer) or provide to their employees. Each reporting entity must annually file all of the following with the IRS:
- A separate statement (Form 1095-B or Form 1095-C) for each individual who is provided with minimum essential coverage (for providers reporting under Section 6055), or for each full-time employee (for ALEs reporting under Section 6056); and
- A transmittal form (Form 1094-B or Form 1094-C) for all of the returns filed for a given calendar year.
Reporting entities must also furnish related statements (Form 1095-B or 1095-C, or a substitute form) to individuals.
Forms must generally be filed with the IRS no later than Feb. 28 (March 31, if filed electronically) of the year following the calendar year to which the return relates. Individual statements must be furnished to individuals on or before Jan. 31 of the year immediately following the calendar year to which the statements relate.
2017 Forms and Instructions
The 2017 forms, as well as the 2017 draft instructions, are substantially similar to the 2016 versions. However, note the following changes:
- Section 4980H Transition Relief. Several forms of transition relief were available to some employers under Section 4980H for the 2015 plan year (including any portion of the 2015 plan year that fell in 2016). However, no Section 4980H transition relief is available for 2017. As a result, the 2017 draft instructions for Forms 1094-C and 1095-C were revised to remove references to Section 4980H transition relief. In addition, Form 1094-C has been revised to remove references to this transition relief. Specifically, the following two sections on Form 1094-C related to this transition relief have been designated as “Reserved” and should not be used: Part II, in the “Certifications of Eligibility” Section on Line 22, Box C; and Part III, in the “ALE Member Information – Monthly” table, column (e).
- Instructions for Recipient. Both individual statements (Forms 1095-B and 1095-C) include an “Instructions for Recipient” section. On both of the 2017 Forms 1095-B and 1095-C, the following paragraph was added: “Additional information. For additional information about the tax provisions of the Affordable Care Act (ACA), including the individual shared responsibility provisions, the premium tax credit, and the employer shared responsibility provisions, see www.irs.gov/Affordable-Care-Act/Individuals-and-Families or call the IRS Healthcare Hotline for ACA questions (1-800-919-0452).”
- Updated Penalty Amounts. Both sets of 2017 draft instructions include updated penalty amounts for failures to file returns and furnish statements in 2017. The adjusted penalty amount is $260 per violation, with an annual maximum of $3,218,500 (up from a maximum of $3,193,000, for 2016).
- Code Series 2 (Section 4980H Safe Harbor Codes and Other Relief). The 2017 draft instructions for Forms 1094-C and 1095-C clarify that there is no specific code to enter on line 16 to indicate that a full-time employee who was offered coverage either did not enroll or waived the coverage.
- Corrected Forms 1095-C. The 2017 draft instructions for Forms 1094-C and 1095-C include additional information for employers that have errors on Forms 1095-C. Specifically, the draft instructions indicate that Forms 1095-C filed with incorrect dollar amounts on line 15, Employee Required Contribution, may fall under a safe harbor for certain de minimis errors. The safe harbor generally applies if no single amount in error differs from the correct amount by more than $100. If the safe harbor applies, employers will not have to correct Form 1095-C to avoid penalties. However, if the recipient elects for the safe harbor not to apply, the employer may have to issue a corrected Form 1095-C to avoid penalties. For more information, see Notice 2017-9.
- Reporting Catastrophic Coverage for 2017. The 2017 draft instructions for Forms 1094-B and 1095-B clarify that reporting for catastrophic coverage enrolled in through the Exchange remains optional for 2017. It was expected that health insurance issuers and carriers would be required to report this coverage beginning in 2017. However, the instructions clarify that reporting of catastrophic coverage enrolled in through the Exchange will remain optional for coverage in 2017 (filing in 2018).
- Formatting Returns Filed with the IRS. Both sets of 2017 draft instructions clarify that all returns filed with the IRS must be printed in landscape format.
In addition, a prior draft version of Form 1095-C for 2017 clarified that the “Plan Start Month” box in Part II of Form 1095-C will remain optional for 2017. The draft instructions for Forms 1094-C and 1095-C indicate that this box may be mandatory for the 2018 Form 1095-C.
Although the forms have been finalized for 2017 reporting, keep in mind that the IRS may include additional clarifications in the final instructions, once those are released.
Additional Resources
The 2016 versions of these forms are also available on the IRS website:
These forms must have been filed with the IRS no later than Feb. 28, 2017 (March 31, 2017, if filing electronically). However, the IRS extended the due date for furnishing individual statements for 2016 an extra 30 days, from Jan. 31, 2017, to March 2, 2017. The IRS does not anticipate extending the filing or furnishing deadlines for 2017 reporting.
According to the IRS, information returns under Sections 6055 and 6056 may continue to be filed after the filing deadline (both on paper and electronically). Employers that missed the filing deadline should continue to make efforts to file their returns as soon as possible.
The IRS also previously released:
More Information
Please contact Scurich Insurance for more information on reporting under Code Sections 6055 and 6056.
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The incentives you offer can impact how candidates view your company and its culture. Different programs and benefits will attract different people. Keep this in mind when choosing which initiatives to promote, especially if you want to attract working parents.
The cost of child care in the United States can be the greatest single expense for a household, with at-home care averaging $28,354 annually. Imagine, then, how enticing child care initiatives might be to working parents or those who want to start families.
Moreover, a company’s child care initiatives can make or break an employee’s decision to stay with his or her employer, according to the Harvard Business Review. Offering child care benefits is one of the best ways to recruit talent. Child care services and the support of an employer are consistently cited as top concerns for parents. The following initiatives are just some of the ways to enhance your workplace for employees and their families.
Paid Time Off (PTO) and Flexible Scheduling
PTO is often used to attract talent, especially millennials. However, it can also be pitched as a family friendly benefit to working parents. Parents need time off for things like children’s doctor appointments, unexpected illnesses or family vacations. Offering generous PTO or flexible scheduling benefits makes juggling work and home life much easier for families.
On-site Child Care
This option may be expensive and would require considerable buy-in from the company. However, it addresses many concerns shared by working parents and could be the “make or break” retention benefit for your workforce.
Furthermore, a study in the Journal of Managerial Psychology found that employees performed better and came to work more regularly when using on-site child care, compared against those who use off-site care or did not have children. Similarly, in a survey from Bright Horizons, an employer-sponsored child care provider, 90 percent of employees who use on-site child care reported increased concentration on their job duties.
Child Care Referrals
If offering on-site child care is too expensive, consider offering resources to help employees find the best child care options for their families. Any working parent knows the stress involved in finding suitable care for their children during the workday. Consider establishing a resource network with your employees who use off-site child care. Gather recommendations and information about child care providers nearby and make those resources available to employees.
Child Care Subsidies
Another way to entice working parents is by offering to pay a portion of off-site child care costs. As was stated previously, child care may be the largest single expense for a family in the United States. Offering a child care subsidy might tip the scale in your favor when employees are weighing career options, particularly for working parents.
Employee Assistance Programs
Many working parents have questions about how to balance their expenses or manage emotional stress, especially if they just had their first child. With this in mind, consider offering counseling programs for your employees through an employee assistance program (EAP). An EAP can help alleviate stress that affects workplace performance.
You can choose the right EAP vendor for your organization’s needs and tailor the program to your workforce. Beyond financial counseling, EAPs can cover areas like adoption assistance, elder care referrals and basic legal help. An EAP is usually paid for entirely by the employer and is offered to employees’ immediate family members as well.
The initiatives listed in this article are by no means exhaustive. There are other ways to attract and retain working parents, but these are good places to start. Remember, the programs you establish today can help retain your employees tomorrow. Speak with Scurich Insurance to discuss potential options for your organization.
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Safety programs not only have a positive impact on your bottom line, they improve productivity and increase employee morale. But how can you measure this?
According to the Occupational Safety and Health Administration (OSHA), workplaces that establish safety and health management systems can reduce their injury and illness costs by 20 to 40 percent. Safe environments also improve employee morale, which positively impacts productivity and service. When it comes to the costs associated with safety, consider the following statistics from OSHA:
- U.S. employers pay almost $1 billion per week for direct workers’ compensation costs alone, which comes straight out of company profits.
- Injuries and illnesses increase workers’ compensation and retraining costs.
- Lost productivity from injuries and illnesses costs companies roughly $63 billion each year.
In today’s business environment, these safety-related costs can be the difference between reporting a profit or a loss. Use these tips to understand how safety programs will directly affect your company’s bottom line.
The Cost of Safety – How Can You Measure This?
Demonstrating the value of safety to management is often a challenge because the return on investment (ROI) can be cumbersome to measure. Your goal in measuring safety is to balance your investment vs. the return expected.
Where do you begin?
There are many different approaches to measuring the cost of safety, and the way you do so depends on your goal. Defining your goal helps you to determine what costs to track and how complex your tracking will be.
For example, you may want to capture certain data simply to determine what costs to build into the price of a product, or you may want to track your company’s total cost of safety to show increased profitability, which would include more specific data collection like safety wages and benefits, operational costs and insurance costs.
Since measuring can be time consuming, general cost formulas are available. A Stanford study conducted by Levitt and Samuelson places safety costs at 2.5 percent of overall costs, and a study published by the Economist Intelligence Unit (EIU) estimates general safety costs at about 8 percent of payroll.
If it is important for your organization to measure safety as it relates to profitability, more accurate tracking should be done.
For measuring data, safety costs can be divided into two categories:
Direct (hard) costs, which include:
- Safety wages
- Operational costs
- Insurance premiums and/or attorney’s fees
- Accidents and incidents
- Fines and/or penalties
Indirect (soft) costs, which go beyond those recorded on paper, such as:
- Accident investigation
- Repairing damaged property
- Administrative expenses
- Worker stress in the aftermath of an accident resulting in lost productivity, low employee morale and increased absenteeism
- Training and compensating replacement workers
- Poor reputation, which translates to difficulty attracting skilled workers and lost business share
When calculating soft costs, minor accidents costs are about four times greater than direct costs, and serious accidents are about 10 to 15 times greater, especially if the accident generates OSHA fines or litigation costs. According to IRMI, just the act of measuring costs will drive improvement.
In theory, those providing the data become more aware of the costs and begin managing them. This supports the common business belief that what gets measured gets managed. And, as costs go down, what gets rewarded gets repeated.
The Value of Safety
OSHA studies indicate that for every $1 invested in effective safety programs, you can save $4 to $6 as illnesses, injuries and fatalities decline. With a good safety program in place, your costs will naturally decrease. It is important to determine what costs to measure to establish benchmarks, which can then be used to demonstrate the value of safety over time.
Also, keep in mind that your total cost of safety is just one part of managing your total cost of risk. When safety is managed and monitored, it can also help drive down your total cost of risk. For example, a fall protection program implementation reduced one agribusiness’ accident costs by 96 percent – from $4.25 to $0.18 per person/hour.
Considering the statistics, safety experts believe that there is direct correlation between safety and a company’s profit. We are committed to helping you establish a strong safety, health and environmental program that protects both your workers and your bottom line. Contact us today at 831-661-5697 to learn more about our value-added services.
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In the retail industry, having a system in place to protect your inventory and prevent loss is essential to your bottom line. Since its inception, closed circuit television (CCTV) has helped retailers prevent theft by allowing as few as one or two employees to monitor an entire store at once.
While CCTV provides overwhelming possibilities to not only catch crimes in progress but also to deter them from even being attempted, where you install CCTV equipment is extremely important. Ill-advised camera placement can potentially lead to costly invasion of privacy suits by your customers and employees.
Expectation of Privacy
CCTV cameras are legal to use in public areas because they are just that–public areas. When an individual is in a public area where they can be clearly observed by those around them, they cannot have a reasonable expectation of privacy. However, in areas deemed to be private spaces, individuals do have a right to expect a certain amount of privacy. Most commonly, private spaces are places like a person’s home or a restroom in which, by law, an individual can expect a certain protection from unwanted intrusions.
Problems can arise when it comes to CCTV placement in private spaces that exist in public settings. When a customer or employee uses a public restroom or changing room, they have a reasonable expectation of privacy even though that space may be part of a larger public space. CCTV cameras installed in these areas could be seen as an invasion of privacy that could, in turn, open the door for legal action.
While installing cameras in restrooms is never a good idea, how CCTV monitoring is conducted inside changing rooms is a chief concern in the retail industry. While it can deter shoplifting, its legality exists in a grey area when it comes to privacy law. Retailers must be extremely careful how they use CCTV equipment in this situation. Unless you are experiencing an abnormally high amount of loss that cannot be contributed to other factors, the level of return on CCTV cameras in changing rooms is not likely to offset the liability risks.
Instead of CCTV, try instituting a different method of loss control that does not make privacy an issue. Staff changing rooms so there is someone to monitor what is being brought in and out. Also, you may consider using an electronic tagging system that will activate an alarm if customers try to leave the store without paying for an item.
Notifying the Customer
A good way to protect your business from invasion of privacy claims is to establish procedures that lower the expected amount of privacy. Post signs at the entrances to the building notifying the use of security cameras on the premises. Many privacy cases involve a discrepancy between the amount of privacy an individual believes they were entitled to and how much they were actually provided with. Proper notification can make it clear to both customers and employees as to what expectations they can have for their privacy upon entering an establishment.
This type of notification is especially important when it comes to CCTV cameras in changing rooms. Notifying customers of any monitoring and the procedures that are being used, alerts them of exactly how much privacy they can reasonably expect. Often times, when CCTV cameras are located in changing rooms, posted notices inform customers that camera operators are of the same gender. In such cases it is important that you back up these notices by enforcing the claims that they make.
CCTV Policy
Establishing a company CCTV policy can also help. The policy should outline the provisions for camera placement and proper camera use. By instituting a company policy for CCTV use, camera operators will know what practices are acceptable and which could put the company at risk for litigation.
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Customer personal injury claims can be costly and very damaging to a retail establishment’s reputation. They can be much more frequent than employee claims in some types of stores, especially warehouses that allow customer access.
Employee safety programs are not sufficient to protect customers, who are at risk for many more accidents than employees for three primary reasons:
- Customers expect the store to be safe.
- Groups like children and the elderly are predisposed to injury.
- Customers do not receive safety training.
Understand to what extent you are liable for customer injuries on your premises and take steps to prevent injury.
Your Liability
You are required to maintain safe premises for your customers; in legal terms, you have a high duty of care. This includes the duty to warn customers of non-obvious, dangerous conditions that you know about, to use ordinary care in active operations in the business and to make reasonable inspections to discover dangerous conditions and make them safe.
Most customer accidents are preventable, so it is important to take steps to make your establishment safer and less exposed to the risk of customer injury and litigation.
Common Injuries
Common injuries that could become your liability include:
- Slip and falls as a result of wet floors, torn carpets, poor lighting or escalators. This type of injury is extremely common.
- Head and body injuries from falling objects, retail displays, out-of-reach objects or other mishaps.
- Shopping cart injuries as a result of the cart tipping
- Overcrowding injuries, e.g., trampling.
- Parking lot injuries as a result of cracked, improperly designed lots or failure to remove ice or snow.
Methods of Prevention
Steps you can take to minimize the risk of a customer claim include the following:
- Identify high-risk areas of the facility (such as where liquids are frequently spilled or tracked), and set up an employee inspection schedule to ensure it does not become a dangerous condition.
- Install video cameras to more efficiently monitor the premises for dangerous conditions and provide proof in case of a claim.
- During snowy, icy or rainy weather conditions, take care of dangerous situations on sidewalks, stairs and parking lots promptly.
- Ensure proper lighting in all areas of the store, and check on a regular basis that all bulbs are functioning. Document your inspections.
- Ensure that displays are stable, and always put heavy items near the bottom of shelves.
- Properly maintain and inspect shopping carts, and discard those that present a risk of tipping.
- Control crowds, especially during busy seasons or large sale events, through physical methods, such as entry turnstiles.
- Design parking lots to avoid injury. Repave, repair and check for hazardous conditions regularly. Document these inspections.
Detecting Fraud
Criminal accident teams can stage injuries, targeting several businesses in the same area. This fraud could cost you millions of dollars in unwarranted payouts. Evaluate this possibility in the event of a customer injury claim, and notify the National Insurance Crime Bureau if you have a suspicion.
Transfer Risk
Liability insurance addresses the cost of legal damages and claims up to policy limits. Work with Scurich Insurance to design the liability package that fits your business–you will be able to select from a wide range of coverage options that you can tailor for your unique needs.
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No industry is exempt from cyber crime, and the real estate industry has become a common target. As hackers devise plans to obtain sensitive information about real estate transactions, real estate professionals need to take particular interest in cyber security to protect their clients and themselves from wire fraud.
What is Wire Fraud?
In instances of wire fraud, a common ploy involves hackers breaking into a real estate agent’s email account to obtain details about upcoming transactions. Once the hackers have all the information they need, they send an email to the buyer, pretending to be the agent or a representative of the title company.
In an email to the buyer, the hackers state that there has been a change in the closing instructions and that the buyer needs to follow new wire instructions listed in the email. If a buyer falls victim to the scam and wires money to the fraudulent account, they’re unlikely to see the money again.
Red Flags
A potential indicator of wire fraud is an email that makes any reference to a Society for Worldwide Interbank Financial Telecommunication (SWIFT) wire transfer, which is sent via the SWIFT international payment network and indicates an overseas destination for the funds.
However, since the emails tend to include detailed information pertaining to the transaction—due to the perpetrator having access to the agent’s email account—many people make the mistake of assuming the email is from a legitimate source. The email addresses often appear to be legitimate, either because the hacker has managed to create a fake email account using the name of the real estate company or because they’ve hacked the agent’s actual email account.
How to Avoid It
Wire fraud is one of many types of online fraud targeting real estate professionals and their clients. To prevent cyber crime from occurring, every party involved in a real estate transaction needs to implement and follow a series of security measures that include the following:
- Never send wire transfer information, or any type of sensitive information, via email. This includes all types of financial information, not just wire instructions.
- If you’re a real estate professional, inform clients about your email and communication practices, and explain that you will never expect them to send sensitive information via email.
- If wiring funds, first contact the recipient using a verified phone number to confirm that the wiring information is accurate. The phone number should be obtained by a reliable source—email is not one of them.
- If email is the only method available for sending information about a transaction, make sure it is encrypted.
- Delete old emails regularly, as they may reveal information that hackers can use.
- Change usernames and passwords on a regular basis, and make sure that they’re difficult to guess.
- Make sure anti-virus technology is up to date, and that firewalls are installed and working.
- Never open suspicious emails. If the email has already been opened, never click on any links in the email, open any attachments or reply to the email.
If You’ve Been Hacked
Take the following steps if you suspect that your email, or any type of account, has been hacked:
- Immediately change all usernames and passwords associated with any account that may have been compromised.
- Contact anyone who may have been exposed to the attack so they too can change their usernames and passwords. Remind them to avoid complying with any requests for financial information that come from an unverified source.
- Report fraudulent activity to the FBI via the Internet Crime Complaint Center at www.ic3.gov/default.aspx. Also contact the state or local realtor association, which will alert others to the suspicious activity.
Contact Scurich Insurance today for more information on avoiding real estate fraud and other types of cyber crime.
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